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National Aeronautics and Space Administration Principal Center for Regulatory Risk Analysis and Communication Regulatory Tracking Summary 04 April 2014 PAGE 1 OF 18 This report summarizes regulatory items reviewed by the NASA RRAC PC and includes items with direct applicability to NASA facilities and operations, as well as items of general interest. Notes and comments by the RRAC PC are shown in bold, blue text under “Description.” Related documents and citations, such as “78 FR 51967,” are linked to the appropriate document for quick access. Suggested follow-up actions are noted with significant items; users are advised that other follow-up actions may be appropriate for their program or facility. Members of the NASA stakeholder community who are interested in receiving regulatory updates and alerts by e-mail may self-enroll at https://lists.nasa.gov/mailman/listinfo/rrac. Previous issues of this regulatory summary and other materials are archived on the RRAC PC website at http://www.nasa.gov/offices/rrac/home/. Comments, questions, suggestions, and requests for further information should be directed to the RRAC PC Manager, Sharon Scroggins at 256-544-7932 ([email protected]).

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Page 1: Regulatory Tracking Summary · Final Rule U.S. Environmental Protection Agency Air Quality: Revision to the Regulatory Definition of Volatile Organic Compounds - Exclusion of 2-amino-2-methyl-1-propanol

National Aeronautics and Space Administration

Principal Center for Regulatory Risk Analysis and Communication

Regulatory Tracking Summary 04 April 2014

PAGE 1 OF 18

This report summarizes regulatory items reviewed by the NASA RRAC PC and includes items with direct applicability to NASA facilities and operations, as well as items of general interest. Notes and comments by the RRAC PC are shown in bold, blue text under “Description.” Related documents and citations, such as “78 FR 51967,” are linked to the appropriate document for quick access. Suggested follow-up actions are noted with significant items; users are advised that other follow-up actions may be appropriate for their program or facility.

Members of the NASA stakeholder community who are interested in receiving regulatory updates and alerts by e-mail may self-enroll at https://lists.nasa.gov/mailman/listinfo/rrac. Previous issues of this regulatory summary and other materials are archived on the RRAC PC website at http://www.nasa.gov/offices/rrac/home/.

Comments, questions, suggestions, and requests for further information should be directed to the RRAC PC Manager, Sharon Scroggins at 256-544-7932 ([email protected]).

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 2 OF 18

Contents of This Issue Acronyms and Abbreviations 3

1.0 U.S. Federal Regulatory Review 4

Federal Register Summary 4

Other News and Developments 7

1.2.1 IPCC Working Group II Releases Contribution to Fifth Assessment Report 7

1.2.2 Proposed Clean Water Act Definition of "Waters of the United States" 7

1.2.3 EPA Enforcement and Compliance History Online, Version 2.1 7

1.2.4 Fiscal Year 2015 Addendum to the National Water Program Guidance 8

1.2.5 On-Site Renewable Energy Generation Strategy Guide 8

1.2.6 National Safety Stand-Down to Prevent Falls in Construction 8

1.2.7 Advancements in Wind Power Generation Technologies Webinar 8

1.2.8 Water Conservation Planting Webinar 8

1.2.9 Better Buildings Summit 9

1.2.10 Sustainable Purchasing Leadership Council Annual Meeting 9

NASA Regulatory Communication Working Group Updates 9

2.0 State Regulatory Reviews 10

Alabama State Regulatory Review 10

California State Regulatory Review 11

2.2.1 Clean Vehicle Rebate Project 13

2.2.2 Safer Consumer Products Priority List Workshops 13

2.2.3 California Air Districts Regulatory Review 13 2.2.3.1 Antelope Valley Air Quality Management District 13 2.2.3.2 Bay Area Air Quality Management District 13 2.2.3.3 Eastern Kern Air Pollution Control District 14 2.2.3.4 Mojave Desert Air Quality Management District 14 2.2.3.5 South Coast Air Quality Management District 14 2.2.3.6 Ventura County Air Pollution Control District 14

Florida State Regulatory Review 14

Louisiana State Regulatory Review 15

Maryland State Regulatory Review 15

Mississippi State Regulatory Review 16

New Mexico State Regulatory Review 16

Ohio State Regulatory Review 16

Texas State Regulatory Review 16

Utah State Regulatory Review 16

Virginia State Regulatory Review 17

2.11.1 2012 Virginia Toxics Release Inventory Report 18

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 3 OF 18

Acronyms and Abbreviations

AAC = Alabama Administrative Code AAM = Alabama Administrative Monthly AB = Assembly Bill AFRC = Armstrong Flight Research Center AMP = 2-Amino-2-methyl-1-propanol ARC = Ames Research Center ARB = Air Resources Board BAAQMD = Bay Area Air Quality Management District CASAC = Clean Air Scientific Advisory Committee CCR = California Code of Regulations CFR = Code of Federal Regulations COMAR = Code of Maryland Regulations CRNR = California Regulatory Notice Register CVRP = Clean Vehicle Rebate Project CWA = Clean Water Act DAR = Division of Administrative Rules DOE = U.S. Department of Energy DTSC = Department of Toxic Substances Control EA = Environmental assessment ECHO = Enforcement Compliance History Online EPA = U.S. Environmental Protection Agency F.A.C. = Florida Administrative Code FAR = Florida Administrative Register FDEP = Florida Department of Environmental Protection FR = Federal Register FWS = U.S. Fish and Wildlife Service FY = Fiscal year GHG = Greenhouse gas gpd = Gallons per day HERO = Health and Environment Research Online HFE = Hydrofluoroether IOOS = Integrated Ocean Observing System IPCC = Intergovernmental Panel on Climate Change IRIS = Integrated Risk Information System JPL = Jet Propulsion Laboratory KSC = Kennedy Space Center lb/gal = Pounds per gallon LOTO = Lockout/tagout LPG = Liquefied petroleum gas Md.R. = Maryland Register MIBK = Methyl isobutyl ketone MSFC = Marshall Space Flight Center MTC = Metropolitan Transportation Commission

NAAQS = National Ambient Air Quality Standards NASA = National Aeronautics and Space Administration NMAC = New Mexico Administrative Code NPDES = National Pollutant Discharge Elimination System NRC = Nuclear Regulatory Commission NWPG = National Water Program Guidance OEHHA = Office of Environmental Health Hazard

Assessment OSHA = Occupational Safety and Health Administration PAL = Plantwide applicability limit PCB = Polychlorinated biphenyl PM2.5 = Particulate matter having an aerodynamic equivalent

diameter of 2.5 microns or less PREP = Preparedness for Response Exercise Program RIN = Regulatory Identification Number ROC = Reactive organic compound RRAC PC = Principal Center for Regulatory Risk Analysis

and Communication SAB = Science Advisory Board SCP = Safe Consumer Products SNUR = Significant New Use Rule SOP = Standard operating procedure SPLC = Sustainable Purchasing Leadership Council SSC = Stennis Space Center SSFL = Santa Susana Field Laboratory SIP = State Implementation Plan SWQB = Surface Water Quality Bureau SWRCB = State Water Resources Control Board UDAQ = Utah Division of Air Quality U.S. = United States UST = Underground storage tank VCAPCD = Ventura County Air Pollution Control District VA.R. = Virginia Register VAC = Virginia Administrative Code VDEQ = Virginia Department of Environmental Quality VOC = Volatile organic compound WFF = Wallops Flight Facility WQS = Water quality standard WSTF = White Sands Test Facility

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 4 OF 18

1.0 U.S. Federal Regulatory Review

Federal Register Summary

This summary includes FR items that were reviewed for potential impacts to NASA Centers and related operations.

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

FED040414-1 Air 03/28/2014 79 FR 17538 HTML | PDF

Notice U.S. Environmental Protection Agency

Notification of a Public Teleconference of the Chartered Clean Air Scientific Advisory Committee (CASAC) and the CASAC Oxides of Nitrogen Primary NAAQS Review Panel

Announces a public teleconference to discuss draft reviews of EPA's "Integrated Review Plan for the Primary NAAQS for Nitrogen Dioxide" and the "Integrated Science Assessment for Oxides of Nitrogen - Health Criteria." Teleconference is scheduled for 05/07/2014.

Additional information is available on EPA's website.

FED040414-2 Air 04/02/2014 79 FR 18452 HTML | PDF

Final Rule

Correction

U.S. Environmental Protection Agency

Revisions To Test Methods and Testing Regulations; Technical Amendment [40 CFR Part 51]

Corrects an omission to Method 202 in the final rule (79 FR 11227, 02/27/2014) intended to clarify provisions for source testing of emissions and operations, to improve data quality, and to provide alternative testing options. Effective 04/02/2014. [RIN 2060-AQ01]

FED040414-3 Air

VOCs

03/27/2014 79 FR 17037 HTML | PDF

Final Rule U.S. Environmental Protection Agency

Air Quality: Revision to the Regulatory Definition of Volatile Organic Compounds - Exclusion of 2-amino-2-methyl-1-propanol (AMP) [40 CFR Part 51]

Direct final rule finalizes revisions that exclude AMP from the regulatory definition of VOCs. Comments due 05/27/2014. Effective 06/25/2014. [RIN 2060-AR92]

FED040414-4 Commercial Space Transportation

03/24/2014 79 FR 16093 HTML | PDF

Notice U.S. Department of Transportation

Office of Commercial Space Transportation; Notice of Availability and Request for Comment on the Draft Environmental Assessment (EA) for the Midland International Air and Space Port, City of Midland, Midland County, Texas

Announces availability of the "Draft Environmental Assessment for the Midland International Air and Space Port." Comments due 04/21/2014.

FED040414-5 Emergency Response

04/02/2014 79 FR 18570 HTML | PDF

Notice U.S. Department of Homeland Security

Public Review of Patient Decontamination in a Mass Chemical Exposure Incident: National Planning Guidance for Communities

Solicits comments on the document, titled "Patient Decontamination in a Mass Chemical Exposure Incident: National Planning Guidance for Communities." Comments due 05/19/2014.

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 5 OF 18

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

FED040414-6 Emergency Response

PREP

03/25/2014 79 FR 16363 HTML | PDF

Notice U.S. Department of the Interior

Notice of the National Preparedness for Response Exercise Program (PREP) Guidelines; Comment Request

Solicits comments on the "Draft PREP Guidelines" document, which will provide guidance regarding oil spill response exercises intended to prepare personnel to respond to oil spills. Comments due 04/24/2014.

FED040414-7 Policy 03/27/2014 79 FR 17145 HTML | PDF

Notice U.S. Environmental Protection Agency

Draft Revised EPA's Report on the Environment 2014

Solicits comments for the draft "EPA's Report on the Environment 2014," which describes trends in the nation's environmental and human health conditions. Comments due 04/28/2014.

FED040414-8 Species 03/25/2014 79 FR 16366 HTML | PDF

Notice U.S. Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of 33 Southeastern Species

Announces the 5-year status reviews for several threatened or endangered species, including the following:

Species Location

Southeastern beach mouse

Brevard County, Florida

Yellow blossom Alabama (statewide)

Flat pigtoe Mississippi (statewide)

Stirrup shell Alabama and Mississippi (statewide)

Alabama cave shrimp

Madison County, Alabama

Comments and new information on the listed species are due 05/27/2014.

KSC, MSFC, and SSC should be aware of this action.

FED040414-9 Species

Rufa Red Knot

04/04/2014 79 FR 18869 HTML | PDF

Notice

Hearing

U.S. Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Rufa Red Knot (Calidris canutus rufa) [50 CFR Part 17]

Announces hearings and informational sessions to discuss the proposed rule (78 FR 60023, 09/30/2013) that would designate critical habitat areas for the rufa red knot in numerous states, including the following:

Alabama Florida Louisiana Maryland Mississippi Ohio Texas Virginia

Hearings and informational sessions are scheduled for 05/06/2014 in Morehead City, North Carolina, and Corpus Christi, Texas. Comments due 05/19/2014. [RIN 1018-AY17]

NASA Centers and related facilities should be aware of this action.

FED040414-10 Technology 04/01/2014 79 FR 18281 HTML | PDF

Notice National Oceanic and Atmospheric Administration

Notice of Availability of a Draft Programmatic Environmental Assessment for U.S. Integrated Ocean Observing System (IOOS) Projects

Solicits comments regarding the draft programmatic environmental assessment of certain observing activities supported by IOOS. Comments due 04/30/2014.

Additional information is available at the IOOS website.

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PAGE 6 OF 18

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

FED040414-11 Toxic Substances

Ammonia

04/09/2014 79 FR 19613 HTML | PDF

Notice

Meeting

U.S. Environmental Protection Agency

EPA Science Advisory Board; Notification of a Public Teleconference and Meeting of the Science Advisory Board Chemical Assessment Advisory Committee Augmented for the Review of EPA's Draft Ammonia Assessment

Corrects the date of a previously announced teleconference (79 FR 16326, 03/25/2014), which was scheduled to discuss the following:

Charge questions Development of the draft "IRIS Toxicological

Review of Ammonia (August 2013 Revised External Review Draft)"

HERO database

Also announces a separate meeting to discuss enhancements to EPA's IRIS program, including the process for developing IRIS health assessments; and to conduct a peer review of the draft IRIS "Toxicological Review of Ammonia." Teleconference is scheduled for 06/02/2014. Meeting is scheduled for 07/14/2014 through 0716/2014 in Arlington, Virginia.

Additional information is available on the SAB's website.

FED040414-12 Toxic Substances

Trimethyl-benzenes

03/25/2014 79 FR 16324 HTML | PDF

Notice

Meeting

U.S. Environmental Protection Agency

Notification of a Public Teleconference and Meeting of the Science Advisory Board Chemical Assessment Advisory Committee Augmented for the Review of EPA's Draft Trimethylbenzenes Assessment

Announces teleconference to discuss the following:

Charge questions Development of the draft "IRIS Toxicological

Review of Trimethylbenzenes (August 2013 Revised External Review Draft)"

HERO database

Also announces a separate meeting to discuss enhancements to EPA's IRIS program, including the process for developing IRIS health assessments;', and to conduct a peer review of the draft IRIS "Toxicological Review of Trimethylbenzenes." Teleconference is scheduled for 05/22/2014. Meeting is scheduled for 06/17/2014 through 06/17/2014 in Arlington, Virginia.

Additional information is available on the SAB's website.

FED040414-13 Toxic Substances

SNUR–Vinylidene Esters

03/26/2014 79 FR 16752 HTML | PDF

Notice

Withdrawal

U.S. Environmental Protection Agency

Significant New Use Rules on Certain Chemical Substances; Withdrawal [40 CFR Part 721]

Withdraws the proposed SNUR for vinylidene esters (78 FR 23184, 05/20/2013). Effective 03/26/2014. [RIN 2070-AB27]

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 7 OF 18

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

FED040414-14 Water 04/01/2014 79 FR 18293 HTML | PDF

Notice

Meetings

U.S. Environmental Protection Agency

Notification of Two Public Teleconferences of the Science Advisory Board Panel for the Review of the EPA Water Body Connectivity Report

Announces two public teleconferences to discuss the draft advisory report concerning the EPA document titled, "Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence (September 2013 External Review Draft)." Meeting agenda is available for review. Teleconferences are scheduled for 04/28/2014 and 05/02/2014.

Additional information is available on EPA's website.

Other News and Developments

1.2.1 IPCC Working Group II Releases Contribution to Fifth Assessment Report

The Intergovernmental Panel on Climate Change (IPCC) has announced the availability of a report titled "Climate Change 2014: Impacts, Adaptation, and Vulnerability," which provides information about observed impacts, potential future risks, and risk reduction activities associated with climate change. The report is Working Group II's contribution to the IPCC's Fifth Assessment Report.

1.2.2 Proposed Clean Water Act Definition of "Waters of the United States"

EPA and the U.S. Army Corps of Engineers recently announced the availability of the pre-publication version of a proposed rule under the Clean Water Act (CWA) that would revise the definition of “Waters of the United States.” The intent of the proposed rule is to clarify protection for streams and wetlands covered under the CWA. Specifically, the proposed rule includes the following clarifications:

Most seasonal and rain-dependent streams are protected. Wetlands near rivers and streams are protected. Other types of waters with more complex circumstances will be evaluated on a case-specific

basis.

Additional information is available on the EPA website.

1.2.3 EPA Enforcement and Compliance History Online, Version 2.1

EPA recently released version 2.1 of Enforcement and Compliance History Online (ECHO), which contains publicly available data from EPA's compliance and enforcement databases. Version 2.1 includes changes to search and report viewing tools. Additions also include Safe Drinking Water Act compliance data and Enforcement Case Report information that focuses on EPA enforcement actions.

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

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1.2.4 Fiscal Year 2015 Addendum to the National Water Program Guidance

EPA's Office of Water announced availability of the draft "FY 2015 National Water Program Guidance (NWPG) Addendum," which outlines changes in the FY 2014 NWPG. The NWPG Addendum documents water-related programs, activities, and measures that are intended to protect and improve the quality of the nation's waters. The FY 2015 addendum includes the following additions to the 2014 NWPG:

FY 2015 National Water Program Measures Additional Guidance for Clean Water Act Section 106 Potential State Agency Clean Water and Drinking Water Climate Change Adaptation Actions Draft Computational Guidance for Proposed Clean Water Act Section 303(d) Program Measures

1.2.5 On-Site Renewable Energy Generation Strategy Guide

EPA has announced the availability of a strategy guide titled, "On-Site Renewable Energy Generation," which focuses on the development and implementation of renewable energy generation methods intended to reduce greenhouse gas emissions. The strategy guide was developed in support of EPA's Local Government Climate and Energy Strategy Series, which provides guidance and information about the following topics:

Energy efficiency Transportation Community planning and design

Solid waste and materials management

Renewable energy

1.2.6 National Safety Stand-Down to Prevent Falls in Construction

The Occupational Safety and Health Administration (OSHA) has scheduled a voluntary, national safety stand-down from 02 through 06 June 2014 to raise awareness of fall hazard prevention in construction. OSHA is encouraging employers and managers to plan a stand-down, including a safety meeting that will focus on ladder safety, scaffolding safety, or fall protection equipment. Participating employers will be able to download certificates of participation from the OSHA website following the stand-down.

1.2.7 Advancements in Wind Power Generation Technologies Webinar

The U.S. Department of Energy (DOE) has scheduled a webinar for 16 April 2014 to discuss recent advances in wind power technology. Tentative agenda items include the following:

Information about current and future turbine technology Maps of low-wind-speed areas that have a potential for future wind deployment Lessons learned from current projects Potential implications resulting from future wind projects

Additional information is available on the DOE website.

1.2.8 Water Conservation Planting Webinar

The U.S. Department of Agriculture's Natural Resources Conservation Service has scheduled a webinar on 30 April 2014 to discuss how to prepare a seeding plan for conservation purposes, such as critical area stabilization, conservation plantings, or restoration seeding. The webinar will include discussions about issues related to the planning and implementation of area seedings and other conservation plantings.

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

PAGE 9 OF 18

1.2.9 Better Buildings Summit

The DOE has scheduled the Better Buildings Summit for 07 through 09 May 2014 in Washington, D.C., to discuss energy efficiency in the public, private, commercial, industrial, and multifamily housing sectors. The summit will focus on the following topics:

Implementation of energy management practices Energy efficiency investment strategies and data Energy efficiency technology Collaborations and partnerships

Registration is required for attendance.

1.2.10 Sustainable Purchasing Leadership Council Annual Meeting

The Sustainable Purchasing Leadership Council (SPLC) has scheduled its inaugural Annual Meeting for 20 and 21 May 2014 in Washington, D.C. The purpose of the annual SPLC meeting is to provide information about best practices and resources for institutional sustainable purchasing. Attendees will have an opportunity to provide input regarding the SPLC's programs. Registration is required for attendance.

NASA Regulatory Communication Working Group Updates

The next Regulatory Communication Working Group call will be held on Wednesday, 16 April 2014, at 10 a.m. Central Time.

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

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2.0 State Regulatory Reviews

The following sections provide details about the regulatory actions reviewed for selected states in which NASA facilities and related operations are located.

Alabama State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in Alabama.

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

AL040414-1 Storage Tanks

USTs

03/31/2014 AAM Vol. XXXII No. 6

Final Rule Alabama Department of Environmental Management

Technical Standards, Corrective Action Requirements, and Financial Responsibility for Owners and Operators of Underground Storage Tanks [AAC 335-6-15]

Finalizes amendments to AAC 335-6-15, including revisions to the following:

Definitions for "cathodic protection system" and "routine maintenance"

UST component installation Spill catchment basin test procedures Weekly tank gauging requirements Pressurized and suction piping release

detection requirements Line testing requirements Tightness testing requirements Tank closure requirements

Effective 04/01/2014.

MSFC should be aware of this action.

AL040414-2 Water

Water Quality

03/31/2014 AAM Vol. XXXII No. 6

Final Rule Alabama Department of Environmental Management

Toxic Pollutant Criteria Applicable to State Waters [AAC 335-6-10-.07]

Finalizes grammatical error corrections and clarifies that arsenic is expressed as the trivalent form in Table 1. Effective 04/01/2014.

AL040414-3 Water

Water Quality

03/31/2014 AAM Vol. XXXII No. 6

Final Rule Alabama Department of Environmental Management

Waste Treatment Requirements [AAC 335-6-10-.08]

Finalizes language clarification consistent with 40 CFR Part 133. Effective 04/01/2014.

AL040414-4 Water

Water Quality

03/31/2014 AAM Vol. XXXII No. 6

Final Rule Alabama Department of Environmental Management

Water Use Classifications for Interstate and Intrastate Waters [AAC 335-06-11]

Finalizes grammatical corrections in AAC 335-06-11-.01, Use Classification System, as well as the following actions in AAC 335-06-11-.02, Use Classifications:

Add an "Amended" date from a previous rulemaking change.

Update certain use classifications within the Tennessee River Basin.

Correct grammatical errors. Clarify existing language.

Effective 04/01/2014.

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NASA RRAC PC REGULATORY TRACKING SUMMARY 04 APRIL 2014

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California State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in California.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

CA040414-1 Occupational Safety

Landing Operations and LOTO

03/28/2014 CRNR 2014, 13z, p. 532

Proposed Rule

Occupational Safety and Health Standards Board

Notice of Proposed Changes to Landing Operations [8 CCR 1903] and Lockout Tagout (LOTO)–Group Lockout [8 CCR 3314]

Proposes the following amendments:

Clarify that the "note" in Section 1903 of the helicopter landing regulations is an exception and that an in-flight emergency is the only circumstance in which the Section 1903 requirements would not apply.

Add language to LOTO regulations for groups intended to ensure that a single individual cannot remove locks and tags from a group LOTO device.

Public meeting is scheduled for 05/15/2014 in Walnut Creek, California. Comments due 05/15/2014.

Additional information about landing operations and LOTO regulations is available for review.

CA040414-2 Pesticides 03/28/2014 CRNR 2014, 13z, p. 586

Final Rule Department of Pesticide Regulation

Second Generation Anticoagulant Rodenticides [3 CCR 6000, 6400, and 6471]

Adds additional use restrictions for second generation anticoagulant rodenticides and designates the following active ingredients as California-restricted materials:

Brodifacoum Bromadiolone Difenacoum Difethialone

Effective 07/01/2014.

CA040414-3 Species

Arroyo Toad

03/27/2014 79 FR 17106 HTML | PDF

Proposed Rule

U.S. Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to Downlist the Arroyo Toad (Anaxyrus Californicus), and a Proposed Rule to Reclassify the Arroyo Toad as Threatened [50 CFR Part 17]

Proposes to reclassify the arroyo toad as threatened. Comments due 05/27/2014. [RIN 1018-AY82]

The arroyo toad resides in Los Angeles, San Bernardino, and Ventura counties. Additional information is available on the FWS website.

JPL, AFRC, Goldstone, and SSFL should be aware of this action.

CA040414-4 Toxic Substances

Proposition 65

03/28/2014 CRNR 2014, 13z, p. 562

Notice Office of Environmental Health Hazard Assessment

Chemicals Known to the State to Cause Cancer or Reproductive Toxicity: 03/28/2014

Announces availability of the updated list of substances known to the state to cause cancer or reproductive toxicity.

CA040414-5 Toxic Substances

Proposition 65

04/04/2014 CRNR 2014, 14z, p. 618

Notice Office of Environmental Health Hazard Assessment

Chemicals Known to the State to Cause Cancer or Reproductive Toxicity: 04/04/2014

Announces availability of the updated list of substances known to the state to cause cancer or reproductive toxicity.

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Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

CA040414-6 Toxic Substances

Proposition 65

04/04/2014 CRNR 2014, 14z, p. 618

Final Rule Office of Environmental Health Hazard Assessment

Chemicals Delisted Effective 04/04/2014 as Known to the State of California to Cause Reproductive Toxicity [27 CCR 25305]

Removes the following five chemicals from the list of chemicals known to the state to cause reproductive toxicity:

n-Butyl glycidyl ether Diglycidyl ether Phenyl glycidyl ether Methyl isopropyl ketone α-Methyl styrene

Effective 04/04/2014.

Additional information is available on the OEHHA website.

CA040414-7 Toxic Substances

Proposition 65–Megestrol Acetate

03/28/2014 CRNR 2014, 13z, p. 581

Final Rule Office of Environmental Health Hazard Assessment

Chemical Listed Effective 03/28/2014 as Known to the State of California to Cause Cancer: Megestrol Acetate [27 CCR 25902]

Adds megestrol acetate to the list of chemicals known to the state to cause cancer under the "formally required to be labeled or identified" listing mechanism. Effective 03/28/2014.

Megestrol acetate is a pharmaceutical. Additional information is available on the OEHHA website.

CA040414-8 Toxic Substances

Proposition 65–MIBK

03/28/2014 CRNR 2014, 13z, p. 582

Final Rule Office of Environmental Health Hazard Assessment

Chemical Listed Effective 03/28/2014 as Known to the State of California to Cause Reproductive Toxicity: Methyl Isobutyl Ketone (MIBK) [27 CCR 25306]

Adds MIBK to the list of chemicals known to the state to cause reproductive toxicity under the "authoritative bodies" listing mechanism. Effective 03/28/2014.

Uses of MIBK include the following:

Coating formulations

Production of pesticides, adhesives, and specialty surfactants for inks

As a denaturant for ethanol

For other industrial applications

Additional information is available on the OEHHA website.

CA040414-9 Water

NPDES

03/27/2014 SWRCB Website

Notice State Water Resources Control Board

Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated with Industrial Activities (Industrial General Permit)

Announces availability of Change Sheet #1 and the Water Board's Response to Comments in support of the Final Draft NPDES Industrial General Permit.

The NPDES Industrial General Permit regulates discharges of stormwater associated with 10 categories of industrial activities.

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2.2.1 Clean Vehicle Rebate Project

On 28 March 2014, the California Air Resources Board (ARB) announced the formation of a rebate waiting list, as a result of the depletion of fiscal year 2013-2014 funding for the Clean Vehicle Rebate Project (CVRP). On 24 and 25 April 2014, the ARB will conduct a public meeting in Sacramento, California, to consider expansion of the CVRP waiting list. The CVRP provides incentive funds to help consumers buy plug-in hybrid electric and zero-emission vehicles. The ARB will continue to accept and place applications on a waiting list for future rebate funding. Additional information is available on the CVRP website.

2.2.2 Safer Consumer Products Priority List Workshops

The Department of Toxic Substances Control (DTSC) has scheduled a series of workshops to discuss the Initial Proposed List of Priority Products, which was released in support of the Safer Consumer Products (SCP) Regulation. The initial list contains products that are present on both the hazard traits list and exposure potential list, including the following two of potential interest to NASA:

Paint and varnish strippers and surface cleaners containing methylene chloride Polyurethane foam systems containing unreacted diisocyanates

The dates and locations for the workshops are as follows:

Training Date Location

05/07/2014 Sacramento, California

05/28/2014 Oakland, California

TBD Los Angeles, California

2.2.3 California Air Districts Regulatory Review

2.2.3.1 Antelope Valley Air Quality Management District

No regulatory items of interest were identified during this reporting period for the Antelope Valley Air Quality Management District.

2.2.3.2 Bay Area Air Quality Management District

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in the Bay Area Air Quality Management District.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

CAB040414-1 Air

Commuter Benefits

03/26/2014 BAAQMD Website

Notice Bay Area Air Quality Management District

Air District and MTC Approve Commuter Benefits Pilot Program

Announces approval of the launch of the Bay Area Commuter Benefits Program, which requires employers with 50 or more full-time staff to offer a commuter benefits option. Employers subject to the program will be notified by mail and must select, register, and implement their program by 09/30/2014.

ARC should be aware of this action.

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BAAQMD Board Passes Climate Protection Resolution

On 03 April 2014, the Bay Area Air Quality Management District’s (BAAQMD's) Board of Directors approved a 10-Point Climate Action Work Program outlining the BAAQMD's climate protection goals. In support of the BAAQMD's November 2013 Climate Protection Resolution, the 10-Point Climate Action Work Program will include measures to update efforts to inventory, forecast, and monitor greenhouse gases (GHGs). Efforts under the program are intended to initiate development of rules that would limit GHG emissions, expand enforcement, and assist with development of the regional climate action strategy.

2.2.3.3 Eastern Kern Air Pollution Control District

No regulatory items of interest were identified during this reporting period for the Eastern Kern Air Pollution Control District.

2.2.3.4 Mojave Desert Air Quality Management District

No regulatory items of interest were identified during this reporting period for the Mojave Desert Air Quality Management District.

2.2.3.5 South Coast Air Quality Management District

No regulatory items of interest were identified during this reporting period for the South Coast Air Quality Management District.

2.2.3.6 Ventura County Air Pollution Control District

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in the South Coast Air Quality Management District.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

CAV040414-1 Air

LPG

03/24/2014 VCAPCD Website

Notice Ventura County Air Pollution Control District

Rule 74.33, Liquefied Petroleum Gas Transfer and Dispensing

Announces a public consultation meeting about proposed new Rule 74.33, which will control ROC emissions from the transfer and dispensing of LPG. Meeting is scheduled for 05/08/2014 in Ventura, California.

Florida State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in Florida.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

FL040414-1 Quality Assurance

04/04/2014 FAR Notice #14379588

Proposed Rule

Change

Department of Environmental Protection

Quality Assurance [Chapter 62-160, F.A.C.]

Changes proposed rule (FAR Notice #12204072, 10/31/2012) that would update quality assurance requirements for entities providing environmental data to FDEP. Proposed amendments are specific to groundwater field sampling and laboratory testing SOPs and are intended to take into consideration advances in sampling and testing techniques. Proposed rule is available for review. Hearing is scheduled for 04/21/2014 in Tallahassee, Florida.

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Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

FL040414-2 Radiation

Licensing

04/04/2014 FAR Notice #14413635

Notice

Rulemaking

Department of Health

General Licenses–Radioactive Material Other Than Source Material [Chapter 64E-5.206, F.A.C]; Bonding of Persons Licensed Pursuant to Subpart II [Chapter 62-5.217, F.A.C.]

Announces a rulemaking development to update rules for the use of radioactive materials or radiation from radioactive materials, to address processes not permitted by statute, and to update financial surety methodology to maintain compatibility with the NRC. Rulemaking development would include the following amendments:

Provide general licenses for use of discrete sources of radium 226, naturally occurring radioactive materials, or accelerator produced radioactive materials.

Change the process for requesting exemptions from the financial surety process.

FL040414-3 Storage Tanks

USTs

04/04/2014 FAR Notice #14412568

Notice

Meeting

Department of Environmental Protection

Out-of-Service and Closure Requirements [Chapter 62-761.800, F.A.C.]

Announces a meeting to discuss the “Storage Tank System Closure Assessment Requirements” for incorporation in to Rule 62-761.800, F.A.C., and Rule 62-762.801, F.A.C. Meeting is scheduled for 04/21/2014 in Orlando, Florida.

FL040414-4 Water

Water Quality

04/02/2014 79 FR 18494 HTML | PDF

Proposed Rule

Withdrawal

U.S. Environmental Protection Agency

Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Withdrawal [40 CFR Part 131]

Proposes to withdraw overlapping federal WQSs applicable to Florida waters because Florida has adopted EPA-approved state standards. Also announces that EPA will not finalize certain 2012 federal proposed rules related to nutrient pollution in Florida (77 FR 74923, 12/18/2012; 77 FR 74985, 12/18/2014). Comments due 06/02/2014. [RIN 2040-AF50]

Additional information is available on EPA's website.

Louisiana State Regulatory Review

No regulatory items of interest were identified during this reporting period for Louisiana.

Maryland State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in Maryland.

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

MD040414-1 Occupational Safety

04/04/2014 41:7 Md.R. 425

Proposed Rule

Division of Labor and Industry

Elevator, Escalator, and Chairlift Safety [COMAR 09.12.81]

Proposes to define "vertical reciprocating conveyors" and to clarify they are not subject to inspection under Maryland's Elevator, Escalator, and Chairlift Safety law. Comments due 05/05/2014.

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Mississippi State Regulatory Review

No regulatory items of interest were identified during this reporting period for Mississippi.

New Mexico State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in New Mexico.

Tracking Number

Subject Date

Published Citation

Type Action

Description Suggested

Actions

NM040414-1 Water

Surface Water

04/01/2014 SWQB Notice Surface Water Quality Bureau

New Mexico Environmental Department Surface Water Quality Bureau Releases Draft of Nonpoint Source Management Plan

Solicits comments on the "Discussion Draft of the Standards for Interstate and Intrastate Surface Waters" as part of the 2013 Triennial Review of New Mexico's Surface Water Quality Standards. Comments due 04/30/2014.

WSTF should be aware of this action.

NM040414-2 Water

Water Quality

03/31/2014 NM Register Vol. 25, No. 6

Proposed Rule

New Mexico Water Quality Commission

Notice Of Public Hearing to Consider Proposed Amendments to Amend 20.6.2 NMAC–Water Quality Regulations, Definition of Liquid Waste

Proposes to amend the definition of "liquid waste" to increase the volumetric maximum limit from 2,000 to 5,000 gpd. Hearing is scheduled for 05/13/2014 in Santa Fe, New Mexico.

Ohio State Regulatory Review

No regulatory items of interest were identified during this reporting period for Ohio.

Texas State Regulatory Review

No regulatory items of interest were identified during this reporting period for Texas.

Utah State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in Utah.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

UT040414-1 Air

SIP–Degreasing

04/02/2014 UDAQ Website; R307-335

Proposed Rule

Change

Utah Department of Environmental Quality; Division of Air Quality

Degreasing and Solvent Cleaning Operations [R307-335]

Changes proposed rule by adding a new category, "semiconductor tools, maintenance and equipment cleaning," to Table 1, Solvent Cleaning VOC Limits. The VOC limit for this category would be 6.7 lb/gal. Revised text is available for review.

UT040414-2 Air

SIP–PM2.5

04/02/2014 UDAQ Website; R307-101-2

Proposed Rule

Change

Utah Department of Environmental Quality; Division of Air Quality

Definitions [R307-101-2]

Changes proposed rule by adding a proposed definition for "Optional add-on controls", which defines the entire capture and control equipment as the emission control device. The definition would apply to rules R307-344 through R307-350 and R307-352 through R307-355. Revised text is available for review. Comments due 06/02/2014.

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Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

UT040414-3 Waste

Hazardous Waste

04/01/2014 UT Bull. Vol. 2014-4; DAR File No. 38344

Proposed Rule

Utah Department of Environmental Quality; Solid and Hazardous Waste

Definitions [R315-1-1]

Proposes to add definitions for "no free liquids" and "solvent-contaminated wipes" to allow certain materials contaminated with specific solvents to be disposed of as solid waste or laundered instead of being listed as hazardous waste. Proposed changes are intended to make Utah requirements as stringent as federal rules. Comments due 05/01/2014.

NASA-related operations in Utah should be aware of this action.

UT040414-4 Waste

Hazardous Waste

04/01/2014 UT Bull. Vol. 2014-4; DAR File No. 38345

Proposed Rule

Utah Department of Environmental Quality; Solid and Hazardous Waste

Exclusions [R315-2-4]

Proposes to allow certain wipe materials contaminated with specific solvents to be disposed of as solid waste or to be laundered, instead of being listed as hazardous waste. Proposed changes are intended to make Utah requirements as stringent as federal rules. Comments due 05/01/2014.

NASA-related operations in Utah should be aware of this action.

UT040414-5 Waste

Used Oil

04/01/2014 UT Bull. Vol. 2014-4; DAR File No. 38346

Proposed Rule

Utah Department of Environmental Quality; Solid and Hazardous Waste

Standards for the Management of Used Oil [R315-15]

Proposed rule would update and clarify PCB standards, containment requirements, filter regulations, and used oil handler certifications. Proposed changes are intended to align the rule with corresponding federal requirements. Comments due 05/01/2014.

NASA-related operations in Utah should be aware of this action.

Virginia State Regulatory Review

This summary includes items that were reviewed for potential impacts to NASA Centers and related operations in Virginia.

Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

VA040414-1 Air

SIP–GHG

04/07/2014 30:16 VA.R. 2252

Proposed Rule

State Air Pollution Control Board, Virginia Department of Environmental Quality

Permits for Stationary Sources of Pollutants Subject to Regulation, Greenhouse Gas Plantwide Applicability Limits [9VAC5-85]

Proposes to revise Virginia's SIP to incorporate federal regulations for GHG PALs (77 FR 41051, 07/12/2012). Comments due 05/07/2014.

VA040414-2 Air

SIP–Ozone

03/27/2014 79 FR 17043 HTML | PDF

Final Rule U.S. Environmental Protection Agency

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone National Ambient Air Quality Standards [40 CFR Part 52]

Finalizes revisions to Virginia's SIP that address infrastructure requirements for the 2008 Ozone NAAQS. Effective 04/28/2014.

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Tracking Number

Subject Date

Published Ref. Page

Type Action

Description Suggested

Actions

VA040414-3 Air

SIP–VOCs

03/31/2014 VDEQ Website Proposed Rule

Virginia Department of Environmental Quality

General Definitions [9VAC5-10]

Proposes to revise Virginia's SIP to exclude the following from the definition of VOC:

HFE-134 HFE-236cal2 HFE-338pcc13 H-Galden 1040x H-Galden ZT 130, 150, 180

Comments due 05/21/2014.

VA040414-4 Waste

Medical Waste

04/07/2014 30:16 VA.R. 2263

Notice Virginia Waste Management Board, Virginia Department of Environmental Quality

Regulated Medical Waste Management Regulations [9VAC20-120]

Announces periodic review to evaluate whether this regulation should be repealed, amended, or retained in its current form. Comments due 04/28/2014.

VA040414-5 Water

Wastewater

04/07/2014 30:16 VA.R. 2019

Proposed Rule

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Department of Professional and Occupational Regulation

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations [18VAC160-20]

Proposes to amend licensing fees. Comments due 05/07/2014

WFF should be aware of this action.

2.11.1 2012 Virginia Toxics Release Inventory Report

VDEQ announced the availability of the Virginia 2012 Toxics Release Inventory Report, which documents a 16.7-percent decrease in chemicals released from Virginia facilities in 2012.